Judge settles Perins Peak dispute

Differences over the Perins Peak State Wildlife Area were settled last week. Last Wednesday, District Judge Jeffrey Wilson ruled that the Colorado Division of Wildlife, not La Plata County, owns the disputed Dry Gulch Road through the area. La Plata County does not appear to have any intention of pursuing the case, and the ruling essentially ends a long-standing effort to bring the Colorado Trail inside city limits.

The lawsuit was tried in early September but triggered late in 2002. At that time, the DOW rejected La Plata County’s efforts to exchange ownership of Dry Gulch Road for a Colorado Trail extension that would have put the popular trailhead in Durango rather than 3½ miles up Junction Creek Road.

In his ruling, Wilson concluded that the DOW, which purchased the land in 1969, also bought the “old wagon road” or Dry Gulch Road. On the flip side, Wilson did find evidence of county ownership of Dry Fork Road, which also was contested. “While there was no evidence presented that La Plata County ever did any maintenance on Dry Gulch Road, evidence was presented that the county maintained Dry Fork Road,” he wrote.

Wilson cited further evidence of the lack of county ownership, writing, “In 1953, when La Plata County produced an official list of roads by attaching the 1951 highway map to a county resolution, La Plata County did not consider Dry Gulch Road to be a county road.”

The Division of Wildlife counted last week’s ruling a strong victory. Tony Gurzick, assistant regional manager for the DOW, commented that it was what the state agency was expecting.

“We’re pleased with the ruling,” he said. “It’s what we were hoping and expecting to see.”

Gurzick added that things will continue to be business as usual inside the state wildlife area, and that it will be managed with a focus on wildlife habitat.

Chair of the Board of La Plata County Commissioners, Sheryl Ayers, joined fellow Commissioner Wally White in saying she was pleased to have resolution on the issue. “My reaction is, it’s good to have a decision,” she said. “I’m not losing sleep over the court’s decision or anything.”

Ayers went on to explain that for her, the case was never about the Colorado Trail. Instead she viewed it as housekeeping and a proper settlement of ownership over Dry Gulch Road.

“Contrary to some people’s decisions, the lawsuit was never about a trail,” Ayers said. “It was about people’s right to close off roads. If a county road is going to be closed off, it’s going to be a Board of County Commissioners’ decision.”

Ayers concluded that all three commissioners have not discussed what will become of the case. However, at least two of them have expressed their interest in moving on.


Silverton Mountain scores permit

The long wait is over for Silverton Mountain Ski Area. After three years of environmental study, the Bureau of Land Management opened the way to guided and unguided skiing at the small, expert ski area just northwest of Silverton. Under the new permit, which takes effect next April, Silverton Mountain will be able to host up to 475 skiers per day.

In 1999, Brill submitted a proposal to the Bureau of Land Management to operate an expert backcountry skiing operation on 350 acres of his land and 1,300 acres of adjacent BLM land about six miles north of Silverton. He installed a double chairlift on his property, an old mining claim, in 2001 with visions of creating a powder skier’s paradise with inexpensive lift tickets and a 475-skier cap.

Up to this point, Silverton Mountain has been operating under a short-term Special Recreation Permit. Under the permit, only 80 skiers per day have been allowed at the area. Now, up to 475 skiers in a guided and unguided format will be permitted at the ski area, with the contingency that unguided skiing take place only when avalanche conditions allow. The decision also allows for a 40-year lease of 1,300 acres of BLM lands on Silverton Mountain.

Aaron Brill, owner and operator of Silverton Mountain Ski Area, was ecstatic. “We are extremely happy to have received the 40-year lease,” he said. “We can now start to prepare for the unveiling of unguided skiing options for April of 2006.”

The new permit allows unguided skiing in addition to guided skiing, and starting next April, skiers will have a choice of hiring a guide at the mountain or skiing it alone for the first time ever.

Those who ski the mountain alone will not be doing it with a $25 lift ticket as Brill once imagined. Looking back, Brill recently commented that a $25 ticket is no longer a possibility

for the area, blaming, in part, a permitting process that escalated out of financial control. Still, Brill and Silverton Mountain offered their thanks to the BLM for making the unique ski experience possible. The ski area is scheduled to open for the 2005-06 season of guided-only skiing on Dec. 15. The public is encouraged to review and comment on the 40-year lease and can find it at the Durango Public Library, the San Juan Public Lands Center or online atwww.blm.gov/nhp/spotlight/ state_info/planning.htm


Tourism office unveils new theme

The Durango Area Tourism Office is broadcasting a new message to would-be visitors – “Get Real.” DATO unveiled its new slogan this week in an effort to promote Durango as a “real town.”

The campaign, developed by local promotions agency Creative Conspiracy Inc., is an attempt to capture the authenticity of the Durango area. 

“‘Get Real’ is a directive or call to action,” said Kris Hickcox, of Creative Conspiracy. “It is a colloquialism used when you’re telling someone to ‘take a reality check.’ It also invites one to experience what we all moved here for and what we constantly hear from our guests, that Durango has something very real about it. We’re more then authentic or genuine, we’re real.”

The development of the theme involved brainstorming sessions, surveys and a variety of creative approaches.  “The more research we gather the more it becomes very clear that the reason people enjoy visiting Durango is very similar to why we all have chosen to live here. Durango is a real town,” said Kim Newcomer, DATO executive director. 

In a recent DATO survey, visitors were asked to describe Durango. They used words like: awesome, beautiful, great, friendly and old west. The survey also confirmed that 68 percent of respondents came to Durango for vacation purposes.


Prescribed burning on the horizon

As temperatures cool and leaves turn, fire managers are gearing up for a final round of prescribed burning on San Juan public lands. Weather conditions from October through November are expected to allow for successful completion of several prescribed burns. Burns at some location could begin as early as next week.

Fire managers will use broadcast burning as a tool to burn off debris on the forest floor and will also burn piles of stacked branches, small trees and other debris often created following fuels-reduction projects. In the vicinity of Durango, fire managers hope to finish 528 acres of a burn they started last spring near Bayfield. The Lange Canyon broadcast burn will be 6 miles east of Bayfield off Forest Service Road 132 and south of U.S. Hwy. 160. Three burns are also planned north of Dolores, and two 400-acre burns are planned near Pagosa Springs.  

– compiled by Will Sands